Partner Visa

Many Australians meet partners from other countries and develop serious, committed relationships. It is often not until a couple decides that they want to live together in Australia, that they become aware of the bewildering list of requirements that need to be met. This is often a very emotionally charged time, especially in new relationships.

Regardless if this is a new or long-standing relationship, the process can be very stressful, costly and frustrating, if not handled correctly. Every visa has different requirements that need to be met in terms of establishing the relationship and the supporting documentation. Certain visas can be applied for onshore, while others must be applied for offshore. See more details further down this page.

Australian Partner Visas allow married or de facto (same or opposite sex) couples to enter and remain in Australia with their partner. If you are in a genuine committed relationship with a non Australian and you are an Australian Citizen, Australian permanent resident, an eligible New Zealand Citizen, there are a number of options for you and your spouse or de facto under the partner visa program.

This visa is for those who are in a genuine and continuing relationship with a spouse or de facto partner who is an Australian citizen, Australian permanent resident or Eligible New Zealand citizen.

Following are the types of relationship and the visas that correspond to them:

• Intended marriage (fiance(e)): Prospective Marriage visa
• Married relationship (including a same-sex relationship): Partner visa
• De facto partner relationship: (including a same-sex relationship): Partner visa

Different Options:

If you are in Australia, you are eligible to apply for Partner Temporary Visa (Subclass 820) and Permanent visa (subclass 801). You can apply for this visa to stay in Australia with your partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If the relationship is genuine and still on even after the two years of the application of this visa, you can be granted a permanent visa.

If you are outside Australia: Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100): You can apply for this visa to enter and stay in Australia with your partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. A continuous and genuine relationship for two years after the application of this visa, can grant you a permanent visa.

Prospective Marriage Visa (Subclass 300): This is for those who want to enter Australia before marriage. In order to apply for this visa, your fiance must be an Australian citizen,Australian permanent resident or eligible New Zealand citizen. Once married, holders of this visa can then apply for a Partner visa to remain permanently in Australia.

Visa Criteria

In order to be eligible for a partner visa, you must meet the following criteria:

Genuine Relationship

You will need to show that you and your partner have a commitment to a shared life together, to the exclusion of all others. You and your partner must live together, or at least not live apart on a permanent basis.

The Department of Immigration will look at a number of aspects of your relationship, including:

• Cohabitation: Usually evidenced through showing correspondence addressed to both of you at the same address
• Financial Interdependence: For example, joint bank accounts, joint ownership of property, joint financial commitment such as leases, mortgages, insurance policies.
• Social aspects of the relationship: Joint travel, joint social activities, joint participation in cultural or sporting activities.

Defacto Relationship – 12 Months Cohabitation

A defacto relationship would require evidence that you have lived with your partner for the last 12 months. The Department of Immigration requires documentary evidence that you have lived together (for example, a joint lease or correspondence sent to you at the same address).

It is possible to get a waiver of the 12 month requirement in cases where you are unable to live together due to exceptional circumstances.

If you are married, you do not need to show 12 months of cohabitation, but will need to show that you are currently living together. If you have had your relationship registered in an Australian state or territory, you would be similarly exempt from the 12-month cohabitation requirement.

What’s Australia Spouse Or Partner Visa?

Australia spouse or partner visa allows spouse or de-facto partner of an Australian citizen, permanent resident of Australia or an eligible New Zealand citizen to migrate to and live in Australia.

Australian partner visa requires you to be in a true and genuine relationship with your partner as well as a sponsorship from your partner for 2 years. If you are married you will need to provide evidence to ascertain that your marriage is valid according to the Australian law. Mostly furnishing your marriage certificate is enough though.

Whether you are applying as spouse or de-facto partner, you will be required to pass the health and character test as defined by the Australian migration law.

How to Prove De-Facto Relationship?

If you are applying as a de-facto partner, you need to be in a de-facto relationship for a period of at least 12 months. Proving a de-facto relationship is relatively difficult, but you can do so by the following means-

• By demonstrating knowledge of personal circumstances of each other.
• Joint ownership of major financial or real estate assets such as mortgages, property ownership or bank statements
• Joint Travel
• Providing evidence in the form of joint household accounts
• Providing evidence in the form of statutory declarations from your family or social circle such as parents or other family members, relatives, friends etc.

Understanding Partner Visa Subclass 820 and 801

Visa subclass 820 allows you to live in Australia on Partner Visa. As discussed earlier, you will be required to be sponsored by your partner for a period of 2 years.

After 2 years, if you wish to apply for permanent residency in Australia, you can go for permanent residency visa subclass 801. Visa subclass 820 is also known as Partner Temporary Visa Onshore while 801 is also called Partner Permanent Visa Onshore. Understandably, you can apply for temporary visa 820 while you are living in Australia. You must already hold a student visa, visitor visa or a working holiday visa.

What if you live outside Australia and looking for a partner visa?

Partner Provisional Visa Subclass 309 and Partner Migrant Visa Subclass 100

If you are in a marital or de-facto relationship with a permanent resident of Australia, an Australian citizen or an eligible New Zealand citizen and you live outside Australia, you can apply for Visa subclass 309. Visa 309 is the pathway to Permanent Partner Visa subclass 100 which is known as Partner Migrant Visa.

In other words, you do not need to lodge separate applications for visa 309 and visa 100, as both are part of the same process, but are processed in 2 different stages.

While applying for Provisional visa subclass 309, you must be living outside Australia. On the other hand, you could be in or outside Australia while applying for Partner Migrant Visa Subclass 100.

What if you are engaged to an Australian citizen, permanent resident of Australia or an eligible New Zealand citizen ? Are you still eligible for an Australian visa? Read on to know.

Australia Fiancé(é) / Prospective Marriage Visa Subclass 300

If you are engaged to an Australian citizen, permanent resident or an eligible New Zealand citizen and live outside Australia, you can apply for Visa subclass 300. You must be living outside Australia at the time of applying and when the visa is granted. You must be of the opposite sex of your fiancé(é)

Your fiancé(é) will need to sponsor you. Both of you must have met in person as adults and must be of marriageable age at the time of applying for the visa. You must be genuinely intended to live with your partner as spouse after marriage and your marriage must be recognized under the Australian law. Since this visa is valid for 9 months, you will be required to marry your partner within 9 months of visa grant.